T Jayasree vs. The State Of Andhra Pradesh
Held
The Court directed the investigating police to comply scrupulously with Section 35(3) of the BNSS and all directions issued by the Supreme Court in the case of Arnesh Kumar vs. State of Bihar and other related rulings. This direction is applicable in circumstances where the alleged offences are punishable with imprisonment of seven years and less than seven years. The Court observed that the offences in question fall under this category. Consequently, the Criminal Petition was disposed of with these observations. The operative direction is for the police to adhere to the procedural safeguards mandated for such offences, implying that the grant of anticipatory bail is contingent upon this compliance. No specific issue was left undecided.
Facts
The petitioner, T. Jayasree, a GST Officer, filed a criminal petition seeking anticipatory bail. The petition was filed under Section 482 of the B.N.S.S. (Bharatiya Nyaya Sanhita) in connection with Crime No. 144 of 2024, registered at Venkatagiri Police Station, Tirupathi District. The alleged offences, punishable under Sections 318(2), 318(4), 351, and 62 read with 3(5) of the B.N.S., are stated to have been committed by the petitioner prior to September 6, 2024, the date the crime was registered. The State of Andhra Pradesh was the respondent. The court heard arguments from the petitioner's counsel and the Assistant Public Prosecutor for the State.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail in connection with Crime No. 144 of 2024, registered under Sections 318(2), 318(4), 351, and 62 read with 3(5) of the B.N.S. for offences punishable with imprisonment of seven years or less than seven years? The petitioner argued for anticipatory bail, citing the nature of the offences and the potential for imprisonment. The State, represented by the Assistant Public Prosecutor, presented arguments regarding the registration of the crime and the applicable sections of the B.N.S. The judgment does not explicitly detail the arguments of each side beyond these general points, but it notes that both sides were heard. The court's decision hinges on the applicability of specific procedural safeguards for offences with a maximum punishment of seven years.
Sections Cited
Section 482, Section 318, Section 351, Section 62, Section 3, Section 35
AI-generated summary — verify with the full judgment below
[ 3327 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6629 OF 2024 Between:
T JAYASREE, W/o. P. Nataraja, Aged about 43 years, Occ-GST Officer, Regional GST and Enforcement Office, Tirupathi, Tirupathi District R/o. 2-57, Thodathara (V and P), Tavanampalli Mandal, Chittoor District. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati.
Podala Varalakshmi, W/o. Nagulu Mandadi Aged about 56 years, R/o. IX Battalion APSP Quarters, Vallivedu Camp, Venkatagiri, Tirupathi District. ...RESPONDENT/COMPLAINANTS Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court May be pleased to direct the Respondent police to enlarge the Petitioner/Accused on Anticipatory Bail on the event of his arrest in connection with the criminal proceedings in Crime. No. 144 of 2024, Venkatagiri Police Station, Chittoor, and pass This Petition comi
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